“ZIYAS” represented by Mr. Ziya Rahbarli (Managing Director) Delaware , 651 N Broad St, Suite 206, Middletown, 19709,.shall arrange transport services through the www.ziyas.com booking platform and (hereinafter referred to as ZIYAS); the said services shall be rendered by taxi, passenger transport and tour services registered with ZIYAS (hereinafter referred to as PROVIDER or PROVIDERS) for taxi, passenger transport and tour services clients (hereinafter referred to as USER or USERS). The term “passenger transport services” hereinafter refers to cars with a driver (booking classes: Economy, Comfort, Business, Minivan, Minibus, Premium and Bus).
Art. 1 Scope of Application
It is of great importance to ZIYAS that complete transparency is maintained towards all parties and all parties have confidence in the services offered. For this reason the General Standard Terms and Conditions of ZIYAS shall apply as a foundation for all business relations between USERS and ZIYAS. These relate to all offers made to USERS for passenger transports via ZIYAS, the arrangement of such services by ZIYAS and any other use of the platform or its services. Any General Standard Terms and Conditions of PROVIDERS or USERS shall only become a part of the contract if their applicability has been expressly agreed upon and ZIYAS has given its written consent thereto.
Art. 2 Subject of the Agreement
Passenger transport services rendered by PROVIDERS to USERS are arranged via ZIYAS, the booking platform provided by ZIYAS. ZIYAS enables PROVIDERS to offer their services to USERS on ZIYAS. The PROVIDERS post their transport and tour services offer including their qualifications, vehicles, prices and other data relevant to their services on ZIYAS, and ZIYAS presents this service offer to the USERS on behalf of and for the account of the PROVIDERS. Via ZIYAS by ZIYAS, USERS may search for available vehicles and transport capacities and book them through the said platform. ZIYAS shall act as an agent between the PROVIDER and USER with respect to such passenger transport and tour services. The business relationship established for the purposes of such passenger transport shall only exist between the PROVIDER and USER.
Art. 3 Conclusion of the Contract, Modifications to the Contract
Art. 3.1 Arrangement of Passenger Transport and Tour Services Rendered by Taxi, Transport and Touristic Companies
As regards passenger transports by taxi, transport, touristic companies in their capacity as PROVIDERS, ZIYAS shall exclusively act as an agent for bookings for such PROVIDERS and shall present the PROVIDERS' service offers on ZIYAS on their behalf. USERS search and find suitable transport services on ZIYAS and select such services there. ZIYAS then passes on the USERS' requests to the appropriate PROVIDER who is the selected service provider. The USER receives a provisional, non-binding confirmation of reservation from ZIYAS immediately after the enquiry has been completed. The contract for rendering transport services shall not be concluded until the job has been accepted by the PROVIDER. The contract shall be exclusively concluded between the USER and the selected PROVIDER. The conclusion of the said contract shall be documented by way of a binding booking confirmation sent by ZIYAS on behalf of the PROVIDER to the USER. The transport service shall be rendered by the PROVIDER. The transport service shall be accounted for on the basis of the contractual and statutory provisions (e.g. taxi fare) between the PROVIDER and the USER. ZIYAS may be contractually entrusted with the management of the accounts for passenger transport services for the USER in the name and on behalf of the PROVIDER.
Art. 4 Prices, Fees and Terms of Payment
(1) ZIYAS reserves the right to provide various booking classes with differently priced service standards to USERS in the name of and on behalf of the PROVIDERS..
(2) The booking classes exist for cars (Economy, Comfort, Business, Minivan, Minibus, Premium and Bus). The individual booking classes differ in terms of the vehicle category, waiting time and service provided (particularly regarding drinks, wifi, newspapers in the car etc.).
Art. 5 Electronic Payment
(1) ZIYAS uses the system of electronic credit card payment and other electronic methods of payment. ZIYAS works with a reputable provider for electronic payments which manages credit card details and handles payments. ZIYAS does not store the USERS' payment information.
(2) When a booking is made by a USER, ZIYAS authorizes and blocking the amount of the USER's credit card payment with the payment provider who then charges the agreed amount to the USER's account after the USER has completed his/her journey with the relevant PROVIDER.
(3) The amount charged is based on the fixed price for passenger transport and tour services plus any additional charges incurred as a result of any of the aforesaid changes (particularly including route charges, waiting times etc.).
(4) USER can make payments through local and international cards. All types of Visa and MasterCards are acceptable
Art. 6 Rights and Obligations of ZIYAS
Art. 6.1 Debt Collection Management
(1) Due to individual contracts with the PROVIDERS, ZIYAS acquires the ownership of any and all claims against the USER based on transportation services rendered by the PROVIDERS and is entitled to collect the respective payments in its own name and on its own account.
(2) ZIYAS will directly collect the incurred fees based on the fare communicated by the PROVIDER and agreed with the USER, by charging the USER’s credit card (or, as applicable, other payment method) through the payment service provider as per Art. 5. All fees and charges shall include statutory value added tax.
Art. 7 USERS' Rights and Obligations
(1) A USER's registration on ZIYAS entitles the USER to utilise the technical resources provided by ZIYAS.
(2) For effective registration, the USER shall provide his/her data as required. This includes, for example, entering the USER's full name, address details and telephone number in the registration screen. These data shall be treated as confidential and shall not be disclosed to any third parties. Further details thereof are laid down in the ZIYAS Privacy Statement.
(3) The USER is required at any time to state his/her true and complete personal data subject to the requirements of ZIYAS and to
